Burlington, Ont. - The Wesbell Group of Technologies Inc., a Toronto telecommunications company, was fined $200,000 on July 21, 2009, for violations under the Occupational Health and Safety Act (OHSA) after two workers were killed.

On June 28, 2007, two workers from Wesbell entered an underground vault in Oakville to inspect ducts and feed fibre optic cables between manholes. The vault's air was short of oxygen. The workers quickly passed out, fell into a metre of water at the bottom of the vault and drowned.

A Ministry of Labour investigation found the vault's oxygen level measured as low as nine per cent. Safe, breathable air requires a concentration of 18 per cent to 21 per cent oxygen by volume. The workers entered the vault without protective devices or ventilation measures in place for their protection.

The Wesbell Group of Technologies Inc. pleaded guilty under the OHSA to failing, as an employer, to ensure that a written plan had been prepared and implemented to protect the workers from the dangers of entering a confined space.

The fine was imposed by Justice Richard LeDressay. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act.  The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    2021 Plains Rd. E.

                                    Burlington Ont

Judge:

Justice Richard LeDressay

Date of Conviction:

July 21, 2009

Defendants:

The Wesbell Group of Technologies Inc.

Matter:                      

Occupational Health and Safety

Conviction(s):

Ontario Regulation 213, Section 221.13(d)

Crown Counsel:

David McCaskill